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TTAB Affirms 2(e)(3) Refusal of "FRENCH & FLIRTY" as Primarily Geographically Deceptively Misdescriptive of Lingerie

By John L. Welch

Rejecting Applicant's flimsy assertions that "French" means "sexy" and that purchasers buy lingerie based on "look and feel" rather than geographic origin, the Board found the mark FRENCH & FLIRTY to be primarily geographically deceptively misdescriptive for lingerie. It therefore affirmed the PTO's Section 2(e)(3) refusal to register. In re Vanity Fair, Inc., Serial No. 78515219 (December 17, 2007) [not precedential].A proper Section 2(e)(3) requires proof of three elements: (1) the primary significance of the mark is a generally known geographic location; (2) the consuming public is likely to believe that the goods originate in that location (i.e., a goods-place association exists), when in fact the goods do not, and (3) the misrepresentation would be material to the consumer's decision to purchase the goods...continue to full post

Full post as published by The TTABlog on December 28, 2007 (boomark / email).